A13 - JOFOC - Bldg 101 6th Floor PCAS (Signed).pdf

Justification for Other than Full and Open Competition

Agency/Contracting Activity: Department of Commerce (DOC), National Institute of Standards and Technology (NIST), Acquisition Management Division (AMD) on behalf of the Office of Facilities and Property Management (OFPM), Design and Construction Division (DCD).

1. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED.

This is a Justification for Other Than Full and Open Competition for Post Construction Award Services (PCAS) for NIST Building 101, 6th Floor Office Renovations. This will be a follow-on acquisition for a negotiated, sole-source contract with Delta Engineers, Architects, and Land Surveyors, DPC (Delta), formally known as OKKS Studios (OKKS), to provide professional PCAS to the Government.

2. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING ESTIMATED VALUE).

NIST requires professional engineering PCAS for NIST Building 101, 6th Floor Renovations. These PCAS need to provide all the necessary field and in-office services to assist the Government with the administration of the construction renovation project. These PCAS include, but are not limited to, construction progress meetings, construction observations, requests for information, construction submittal review, change orders, punch lists, record documents, substantial and final completion. The PCAS must be obtained due the lack of knowledge and expertise in the key subject matter areas by the Government.

The estimated period of performance is 300 calendar days after the Notice to Proceed is issued, which includes 210 days for the duration of the construction contract. The estimated value of the acquisition for PCAS is approximately $33,000.

3. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL

AND OPEN COMPETITION.

This justification is prepared in accordance with the provisions of the Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, and utilizes the authority specified in 41 United States Code (U.S.C.) 3304(a)(1), Unique supplies or services available from only one source or only one supplier with unique capabilities. The topics covered in this justification are written in accordance with FAR 6.303-2, Content.

4. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS

OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED.

The proposed awardee, Delta has performed exceptionally well on the previous contract actions to which they are considered the most capable source for the supplemental PCAS. They performed successfully under contract SB1341-14-CQ-0029, task order 1333ND19FNB195093, to provide Architect & Engineer (A/E) services that developed the designs, construction plans and specifications for NIST Building 101, 6th Floor Office Renovations, and the proposed new contract action for PCAS is directly aligned with these same scope requirements.

a.) Delta (SB1341-14-CQ-0029), formally known as OKKS, Setty & Associates International, PLLC

(SB1341-14-CQ-0030), and CFR Engineering Team (SB1341-14-CQ-0023) were awarded Architect & Engineer (A/E) IDIQ contracts to perform General Design Consultant services to NIST to include:

Space Utilization, Feasibility, Concept, site planning studies, facility design to 35% development, full construction documents and several deliverables. OKKS was awarded task order

1333ND19FNB195093 to provide A/E service that developed designs, construction plans and specifications to reconfigure approximately 1,500 square feet of office areas to accommodate personnel and support consolidation of NIST’s Baldridge Performance Excellence Program. OKKS was awarded the subject task order on 28 March 2019 to perform these unique and specialized professional design services, but it has since expired. During the subject task order performance, OKKS and their sub-consultants gained a robust knowledge of the required office renovation work to NIST Building 101’s 6th floor, which culminated in the previously mentioned performance documents thus providing OKKS with an intimate knowledge of the proposed design and construction management requirements. The PCAS that the Government requires currently are solely associated with the performance documents that OKKS has prepared under the subject task order. The required PCAS were an option under the existing task order but were not exercised. The requirement for these PCAS still exists. These will require technical interpretation with detailed compliance validation in order to execute the construction renovations. No other A/E firm could reasonably be expected to perform these services at the level of quality demanded in the Government’s Performance Work Statement. In addition, there is a significant cost and time associated with re-procurement of these previously proposed services. Based on the above, Delta is the only reasonable source to provide the Government’s required professional consulting services.

5. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE.

No efforts will be made to solicit other sources. This requirement represents a non-competitive follow-on acquisition of services previously awarded on a competitive basis. The previous task order and the work associated with it involved the development of specific and intimate knowledge regarding the design for NIST Building 101, 6th Floor Office Renovation work, which is not known to other A/E contractors. The professional PCAS that the Government requires currently are solely associated with the performance documents that OKKS has prepared under the subject task order. These will require technical interpretation with detailed compliance validation in order to execute the construction renovations. The required services are within the scope of the previous task order and represent a continuing, on-going requirement with the capability of the proposed awardee. No other A/E firm could reasonably be expected to perform these services at the level of quality demanded in the Government’s Performance Work Statement.

Additionally, a Notice of Intent (NOI) to sole source to Delta was posted to beta.SAM.gov on 23 April 2020, with a closing date of 30 April 2020. It stated, “Information submitted in response to this notice will be used solely to determine whether competitive procedures could be used for this acquisition”. No responses were received.

6. DEMONSTRATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO

THE GOVERNMENT WILL BE FAIR AND REASONABLE.

The firm will submit a fee proposal for review and the Government will negotiate pricing. Price will be compared to the Independent Government Cost Estimate (IGCE), current task orders for similar work and historical data. The Contracting Officer will ensure that the project price compares with the price charged for comparable projects in the public or private sector, as appropriate, and will make a fair and reasonable determination prior to award. Delta has previously provided the best value to the Government with fair and reasonable pricing for similar requirements.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS.

The original requirement was competed openly between three A/E Firms. From a market research perspective, while the three A/E Firms have the same technical services requirements in the IDIQ contracts mentioned, the proposed awardee under this action has a significantly higher level of expertise and quality due to the unique Government technical requirements for response to technical questions of the forthcoming Request for Proposal (RFP), cost estimate revisions to their previous estimate, and technical specifications compliance with documents prepared by this proposed awardee. The required services are within the scope of the previous task order and represent a continuing, on-going requirement with the capability of the proposed awardee. Re-competing this action would not be in the best interests of the Government.

8. OTHER FACTS SUPPORTING USE OF OTHER THAN FULL AND OPEN COMPETITION.

This requirement represents a non-competitive follow-on acquisition of services previously awarded on a competitive basis. Of consideration in this action is the fact that this proposed awardee has performed exceptionally well on the previous contract action mentioned above to which they are considered the most capable source for the supplemental PCAS. In addition, award of this requirement to Delta will result in both time and cost savings to the Government, as Delta is the only vendor the possesses the intimate knowledge for the required PCAS based on their previous contract action for the NIST Building 101, 6th Floor Office Renovation design documents. Again, the proposed new contract action is directly aligned with these same scope requirements.

9. LIST OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN

THE ACQUISITION.

No responses have been received to date from the NOI posted to beta.SAM.gov, nor have any vendors expressed interest of any kind via any other means of communication or channels.

10. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION.

As stated above, this requirement represents a non-competitive follow-on acquisition of services previously awarded on a competitive basis. Currently, Delta is the only reasonable source to provide the Government’s required PCAS. For future requirements, market research will be conducted to identify potential sources.

11. TECHNICAL REQUIREMENTS PERSONNEL CERTIFICATION

I certify that the supporting data used to form the basis of this Justification is complete and accurate to the best of my knowledge and belief.

12. CONTRACTING OFFICER CERTIFICATION.

By signature on this Justification for Other than Full and Open Competition, the Contracting Officer certifies that this Justification is accurate and complete to the best of my knowledge and belief.